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On Friday, the Supreme Court extended the time to complete the trial in the 1992 Babri Masjid demolition case involving BJP veterans LK Advani, MM Joshi and Uma Bharti by three months, saying the sentence should be issued before August 31.
The higher court asked Special Judge SK Yadav to monitor the proceedings in accordance with the law, so that excessive delay beyond the deadline is no longer violated.
He instructed the special judge to use the videoconference facilities to complete the recording of the evidence and the hearing of the requests that are presented during the course of the trial.
A bank of judges RF Nariman and Surya Kant, listening to the matter through videoconference, approved the orders to receive a letter from the special judge requesting the extension of the time he was given to complete the trial in the politically sensitive case.
Also read: What is the Babri Masjid case about?
Having taken into consideration the letter of May 6, 2020, we extended the period to complete the evidence and issue a judgment until August 31, 2020. We are aware of the fact that Shri Yadav is making every effort to make the trial come to a fair conclusion. However, given the original time frame and the extended time frame, the effort now should be to complete the procedures and pass the last judgment before August 31, 2020, the bank said in its order.
On July 19 of last year, the higher court had asked the special judge to issue the verdict within nine months, which would end in April.
The bank said on Friday that even though nine months have expired from the aforementioned date (July 19), we still find, in an examination of the letter dated May 6, 2020, written by Shri Yadav, Special Judge that even the evidence is not yet finished.
It said: “We can indicate that video conferencing facilities are available and should be used by Shri Yadav to complete all tests, as well as requests that may be made on that behalf. It is up to Sri Yadav to control the procedures in accordance with the law so that the excessive delay that is beyond the term that we now give is no longer violated. “
The highest court on July 19 last year also extended the mandate of the special judge in Lucknow until the conclusion of the trial and the issuance of the verdict in the case.
In addition to Mr. Advani, Mr. Joshi and Uma Bharti, the defendants against whom the Supreme Court invoked the conspiracy charge in the case on April 19, 2017, include former Rajasthan Governor Kalyan Singh, the deputy of the BJP Vinay Katiar and Sadhvi Ritambara.
Three other high-profile defendants, Giriraj Kishore, and Vishwa Hindu Parishad’s leader, Ashok Singhal and Vishnu Hari Dalmia, were killed during the trial and proceedings against them were suspended.
Kalyan Singh, during whose tenure as prime minister of Uttar Pradesh, the disputed structure was razed, was tried in September last year after his term as governor came to an end.
The top said last July that the record of evidence in the politically sensitive case should be completed within six months and the sentence in the case should be ready and delivered within a maximum period of nine months.
Exercising its plenary powers in accordance with Article 142 of the Constitution, the high court ordered the Uttar Pradesh government to approve the appropriate orders in consultation with the Allahabad High Court within four weeks to extend the mandate of the special judge, who would retire in September. 30 last year.
The special judge had written a letter on May 25 of last year to the superior court, requesting the extension of the two-year period for the completion of the case and informed the court that he was scheduled for retirement on September 30, 2019.
On April 19, 2017, the high court ordered the daily trial in the high-profile case and ordered the special judge to conclude within two years.
Although he called the demolition of the disputed structure a “crime” that shook the “secular fabric of the Constitution”, he had allowed the CBI’s request for the restoration of the criminal conspiracy charge against the accused VVIP.
The court had strongly criticized the CBI for the delay of more than 25 years in the trial.
In issuing a series of instructions, he had said: “The proceedings (against Advani and others) in the Special Judicial Magistrate’s court in Raebareli will be transferred to the Judge of the Court of Additional Sessions (Ayodhya Affairs) in Lucknow.”
“The court of sessions will frame additional charges under Section 120-B (conspiracy) and the other provisions of the penal code mentioned in the joint charges sheet presented by the CBI against Champat Rai Bansal, Satish Pradhan, Dharam Das, Mahant Nritya Gopal Das , Mahamadleshwar Jagdish Muni, Ram Bilas Vadanti, Vaikunth Lal Sharma and Satish Chandra Nagar, ”the main court had said.
The court found the Allahabad High Court verdict of February 12, 2001 to drop the conspiracy charge against Mr. Advani and others as “wrong”.
Before the 2017 lower court verdict, there were two sets of cases related to the demolition of the disputed structure on December 6, 1992 in Lucknow and Raebareli.
The trial of the first case involving nameless “Karsevaks” was taking place in a Lucknow court, while the second set of cases related to the eight VVIPs was taking place in a Raebareli court.
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